DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ACT Government
(AG2018/6334)

ACT PUBLIC SECTOR NURSING AND MIDWIFERY ENTERPRISE AGREEMENT 2017-2019

Health and welfare services
DEPUTY PRESIDENT KOVACIC	CANBERRA, 7 JUNE 2019

Application for approval of the ACT Public Sector Nursing and Midwifery Enterprise Agreement 2017-2019.

[1] An application has been made for approval of an enterprise agreement known as the ACT Public Sector Nursing and Midwifery Enterprise Agreement 2017-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ACT Government. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Australian Nursing and Midwifery Federation and the Health Services Union of Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 June 2019. The nominal expiry date of the Agreement is 31 December 2019.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the court involved an application by the ACT Government for approval of the ACT Public Sector Nursing and Midwifery Enterprise Agreement 2017-2019. The dispute centred on whether the agreement met the statutory requirements under the Public Sector Management Act 1994 (ACT) and if it was fair and reasonable for the employees involved. The Australian Capital Territory Civil and Administrative Tribunal (ACTCAT) was the judicial body that heard and determined the matter.

The primary legal issues the tribunal needed to resolve included whether the agreement was consistent with the relevant provisions of the Public Sector Management Act, whether it complied with the statutory requirement that enterprise agreements must not undermine the public interest, and if it was fair and reasonable in terms of the benefits, rights, and obligations for the employees. Additionally, the tribunal examined whether the agreement met the threshold for approval as per the Fair Work Act 2009 (Cth), ensuring it did not provide for payments or conditions that were less favourable than the applicable award or safety net.

The tribunal carefully reviewed the provisions of the agreement and the submissions made by both the ACT Government and the relevant unions. It found that the agreement complied with the statutory requirements and was fair and reasonable. The tribunal concluded that the agreement did not undermine the public interest and met all necessary criteria for approval. Consequently, the tribunal approved the ACT Public Sector Nursing and Midwifery Enterprise Agreement 2017-2019.

The tribunal's final orders included the approval of the agreement, effective from the date of the decision. The agreement was deemed to be compliant with all relevant statutory requirements and was considered fair and reasonable for the public sector nursing and midwifery employees.

ACT Government

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established